702 Music withNonn Botha

A Constitutional Court judgement expected in the case of Nomgcobo Jiba and Lawrence Mrwebi could be overtaken by the recommendations of the Mokgoro Inquiry.

While the commission is set to release its report on Friday, the General Council of the Bar’s appeal to have the pair of prosecutors struck off the roll of advocates is scheduled to be heard on Thursday.

The Constitutional Court must decide on the acceptable standards of conduct for determining whether the advocates are fit and proper persons to hold office.

Jiba and Mrwebi are arguing that the Constitutional Court is not in a position to hear the case.

Eyewitness News reporter Barry Bateman has more on the story.

What they are saying is that Constitutional Court was not called upon here by the General Council of the Bar to determine a question of law but rather that it was a dispute of facts which has already been dealt with by Supreme Court of Appeal so in that respect they are saying the Con Court does not have jurisdiction to rule on this matter.

— Barry Bateman, Reporter - EWN

If the Constitutional Court rules in favor of the general council of the bar it means they would no longer be advocates, which means they would automatically not be entitled to hold those postilions in the NPA.

— Barry Bateman, Reporter - EWN

If the Constitutional Court does not rule in the council's favor and they remain advocates, there could still be the findings in the Mokgoro Inquiry.